Note. — A witness summoned by each party is entitled to compensation by each. Peace & Kittrel v. Person & Gordon, 1 Murph. 188.
Wilcox v. -, 2 N.C. 557, 1 Hayw. 557 (1797)
April 1797
·
North Carolina Superior Court
2 N.C. 557, 1 Hayw. 557
Wilcox v. — .
[S. C. ante 223.]
A surveyor and jury, who were appointed under separate orders in sever d distinct suits, shall be paid full costs in each suit, although from the locality of the lots sued for, the same labor answered for all the surveys.
There were several ejectment.® against several persons, who were settled on lots in the town of Fayetteville claimed by the Plaintiff, who alleged them to be included in a tract of one thousand acres adjoining the town. A jury and surveyor were appointed in each of the suits, by distinct orders made in each, for the purpose of ascertaining where the line of this thousand acre tract really was. After the trial, a question arose relative to the costs of the jury and surveyor, whether, as they were the same jury and surveyor, they should be allowed iti each of the suits, or only in one. In other words, whether they should be allowed single, or double wages. It was reserved for several terms, Judge Mac ay saying, he would search the records of a similar case decided at Salisbury, where this question was decided : and now the court decided, that they were to be allowed in each of the suits ; the surveyors were to return plats in each, the jurors to attend in each. Had one suit been determined, the juror must have attended in the others; just in the same manner as a witness summoned in several *558distinct suits, is entitled to wages in each,, though 'they1 are all tried on the same day.